Political initiatives of the President of Kazakhstan Kassym-Jomart Tokayev: Features of the 3 packages

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NUR-SULTAN. KAZINFORM – The Kazakhstan Council on International Relations has published an analytical report by Andrey Chebotarev themed «Political initiatives of the President of Kazakhstan Kassym-Jomart Tokayev: Features of the 3 packages», Kazinform reports.

Introduction

June 12 marks two years since the official start of Kassym-Jomart Tokayev’s presidency. One of the first decisions he made on the same day was the Decree «On the establishment of the National Council of Public Trust under the President of the Republic of Kazakhstan.» As such, the Head of State demonstrated his adherence to principles and consistency, by starting to fulfill the intentions he voiced during the presidential elections regarding the dialogue between the state and society, ensuring the openness of authority and the implementation of the transformation of the political system.

The National Council of Public Trust (NCPT), which the President personally heads, has played a key role in the generation and implementation of new political, economic and social reforms from the very beginning of its activity. A serious exchange of views on various issues of the country's development takes place on this platform between representatives of the state and the public. The tone for this process is set by the Head of State himself, who invariably participates in all NCPT meetings, as well as periodically meets with its individual members.

In continuation of all this, on June 20, 2019, Kassym-Jomart Tokayev, by his decree, approved the Action Plan for the implementation of the pre-election program of the President of Kazakhstan «Well-being for all! Continuity. Justice. Progress» and proposals received during the national campaign «Birge» (Together). This document identified 106 measures designed to be implemented within 19 directions in the short and medium term.

Some of these corresponding measures, as well as the new measures announced later, formed the basis of 23 basic political initiatives of the President of Kazakhstan, which constituted three reform packages. The first of these packages was fully implemented in 2020. For the other two packages, work is ongoing on the development, discussion and adoption of relevant concepts, laws and by-laws.

This report provides an overview and analysis of the considered political initiatives of Kassym-Jomart Tokayev and the process of their implementation in the modern conditions of Kazakhstan's development, Kazinform reports.


1. First package of reforms


The political initiatives that made up the first package of reforms were announced by the Head of State during his participation in the second meeting of the National Council of Public Trust, held on December 20, 2019. This meeting was preceded by a lot of work by council members, including members of the working group on political modernization.

It should be noted that even at the first meeting of the NCPT, chaired by Kassym-Jomart Tokayev on September 6, 2019, some council members voiced a number of proposals within the framework of the political block of new transformations:

Firstly, political scientist and public figure Aidos Sarym presented the key recommendations of the working group on political modernization, concerning the liberalization of legislation on peaceful assemblies, elections, political parties and the media, the formation of parliamentary opposition, the transition to a mixed form of elections of members of representative bodies and the introduction of the elections of akims (mayors) up to the district level.

Asylbek Kozhakhmetov, President of the Almaty Management University, advocated the transfer of some of the functions of the state apparatus to the civil sector, as well as the inclusion of representatives of the public in the management of national companies and their subsidiaries in the interests of openness and accountability of these organizations of the quasi-public sector.

A prominent lawyer Ayman Umarova called for reforming the penitentiary system, legislation on advocacy and legal assistance, decriminalizing libel and changing the wording of Article 174 of the Criminal Code of Kazakhstan «Incitement of social, national, tribal, racial, class or religious hatred» [1].

Consequently, on the basis of these and other recommendations from the members of this body, the Administration of the President of Kazakhstan developed and adopted a Plan for the implementation of the proposals of the National Council of Public Trust, consisting of about 70 points. In turn, this document formed the basis of the three packages of political transformations under consideration.

Kassym-Jomart Tokayev: «Along with the most important issues of improving the quality of life of Kazakhstanis and strengthening social policy, we are taking a serious step in reforming the current political system. Some experts expressed the opinion that this issue would fade into the background. But we have shown the will to achieve concrete results in this extremely sensitive area. The first package of political initiatives was strengthened specifically by the state. As such, no one should have doubts about the need for political modernization, which I spoke about in my (latest annual State-of-the-Nation) Address. At the same time, the reforms should, of course, contribute to the stable development of our country, and not lead to disruptions. We have a responsibility to strengthen the constructive foundations of the political process so that pluralism becomes an essential element in improving economic well-being and human capital. Therefore, it is very important to find the most reasonable way, the so-called «golden mean», which will ensure the progressive development of our state. This is, after all, the demand of the entire people« (from the speech at the second meeting of the National Council of Public Trust, 20.12.2019)

The implementation of the initiatives of the first package was expressed in the adoption of the following laws:

1.The Law of the Republic of Kazakhstan «On the Procedure for Organizing and Conducting Peaceful Assemblies in Kazakhstan« dated May 25, 2020. Firstly, it introduced a ‘notification’ principle for organizing and holding relevant events, which replaced the previous ‘permission’ principle. The different forms of peaceful assemblies (assembly, meeting, demonstration, procession, picketing), the rights and obligations of their organizers, participants and media representatives are also clearly defined. The competence of local executive bodies includes rendering assistance to the organizers of peaceful assemblies in their conduct.

It should be noted that the need to improve the legislation on rallies was one of the first issues raised by Kassym-Jomart Tokayev after his inauguration as President of Kazakhstan. It seems this was his reaction to a series of protests, which took place in the form of unauthorized rallies and pickets in different cities of Kazakhstan in March-October 2019. Thus, in his interview with Euronews, the Head of State, firstly, expressed his understanding about socio-economic problems that contribute to the manifestation of protest moods in society, and promised to take the necessary measures to resolve them. Secondly, he called for dialogue between government officials and protest movements. And, thirdly, he said that «... a law will be adopted according to which people who want to go to a demonstration in order to express their opinion will apply to the appropriate authorities and they will be given a special place to get together and express their opinion« [2].

As such, the legal foundations have been laid for the formation of a qualitatively new culture of relations between society and the state within the framework of the implementation of the constitutional right of citizens of the country to freedom of peaceful assembly.

Within a year since the entry into force of the law under consideration, despite the restrictions introduced in different regions of Kazakhstan due to the COVID-19 pandemic, the following rallies were confirmed with local executive bodies and held:

· in Nur-Sultan: for the protection of animals (10.10.2020), for political reforms (9.11.2020);

· in Almaty: demands for a credit amnesty and a ban on leasing land to foreigners (09/13/2020), against the Code of the Republic of Kazakhstan «On people's health and the healthcare system« adopted on July 7, 2020 (09/18/2020), for political reforms and an end to political persecution (31.10.2020), a rally and a march of feminists (8.03.20201), against the sale of land and Chinese expansion (27.03. and 15.05.2021).

It is noteworthy that the organizers of these rallies were opposition associations represented by the initiative group for the creation of the Democratic Party of Kazakhstan and the Respublika movement, as well as human rights activists Galym Ageleuov and Bakhytzhan Toregozhina. Thus, the authorities are showing readiness for certain interaction with political opponents. At the same time, authorized state bodies reserve the right to prevent the holding of rallies and other peaceful assemblies that violate the law and to apply administrative measures against their organizers and participants.

2. The Constitutional Law of Kazakhstan «On Amendments to the Constitutional Law of Kazakhstan «On Elections in Kazakhstan« dated 05.25.2020. It established a 30% quota for women and young people aged 18-28 years to be included in electoral party lists. Similar amendments were also made to the Law of Kazakhstan «On Political Parties«.

This alteration was already used in practice during the elections of members of the Mazhilis (lower national legislative chamber) and maslikhats (local legislative councils) of all levels, which took place on January 10, 2021. In the period from November 10 to December 4, 2020, the participating political parties nominated 8,334 candidates in total, including 3,721 (44.6%) women and citizens under the age of 29. The quota for the Adal (Honesty) party reached 65.6%, for the People's Party of Kazakhstan (PPK) - 59.8%, the People's Democratic Patriotic Party «Auyl« (Agrarians) - 53.4%, the Democratic Party of Kazakhstan «Ak Zhol« (Bright Path) - 52.3%, the «Nur Otan« (Shiny Fatherland) party – 40.5% [3].

3. The Law of Kazakhstan «On Amendments and Additions to the Law of Kazakhstan «On Political Parties« dated May 25, 2020, which reduces the number of signatures required for the creation of political parties from 40,000 to 20,000 people.

According to the information of the Minister of Justice Marat Beketayev, as of January 22, 2021, one of the three initiative groups for the creation of new political parties held a constituent congress of this party and submitted to the Ministry of Justice of Kazakhstan a package of documents required for state registration. The other two groups should also hold congresses of the parties and submit the necessary documents to this body.

The applications of 6 more groups to register new parties were rejected in 2020 on the basis of the non-compliance of the documents they submitted with the legal requirements. It is known whether the applications were submitted by the initiators before or after the amendments were made to the Law «On Political Parties«. In any case, according to Beketayev, they have the right to correct all violations and re-submit their applications [4].

4. Laws «On amendments to the Constitutional Law of Kazakhstan «On the Parliament of Kazakhstan and the status of its members» dated 2.06.2020 and «On amendments and additions to the Law of Kazakhstan «On committees and commissions of the Parliament of Kazakhstan« on parliamentary opposition issues» from 2.06.2020.

Through the introduction of the institution of parliamentary opposition, the opposition, which is one of the important actors in the political life of developed countries, is reflected and, as a result, legalized for the first time in Kazakhstan's legislation. The opposition parties represented in the Mazhilis are guaranteed to chair one standing committees of the chamber and hold the position of secretaries of two standing committees. They also received the right to initiate parliamentary hearings during one session and determine the agenda of government hours at least once and twice, respectively.

The changes under consideration were implemented after the parliamentary elections and, on the basis of their results, the deputy corps of the Mazhilis of the VII convocation was formed. The status of the parliamentary opposition was acquired by the Democratic Party of Kazakhstan «Ak Zhol» and the People's Party of Kazakhstan, represented in the lower house of the legislative body by 12 and 10 members respectively. On January 14, 2021, consultations were held between the leaders of the parliamentary factions of the Nur Otan party, which makes up the parliamentary majority, Ak Zhol, and the PPK, to determine standing committees with the election of chair and secretaries from the parliamentary opposition [5]. As a result, Yerlan Barlybaev, a deputy member from the Ak Zhol party, headed the Committee on Agrarian Issues, and Alexander Milyutin, deputy member from the PPK party - the Committee on Ecology and Nature Management of the Mazhilis.

5. The Law of Kazakhstan «On Amendments and Additions to Certain Legislative Acts of Kazakhstan on Improving Enforcement Proceedings and Criminal Legislation» dated June 26, 2020.

This law, firstly, decriminalized Article 130 of the Criminal Code of Kazakhstan on «Libel» with the switch of this offense and measures of responsibility for it to the Code of Kazakhstan on Administrative Offenses.

Secondly, Article 174 of the Criminal Code of Kazakhstan «Incitement of social, national, tribal, racial, class or religious hatred» was clarified and softened, where the word «excitement» was changed to «incitement». The penalty for committing this offense in the form of restriction of freedom or imprisonment for a term of two to seven years was supplemented by a fine in the amount of 2,000 to 7,000 MCI.

In addition, the Law of Kazakhstan «On Amendments and Additions to Certain Legislative Acts of Kazakhstan On Counteraction of Legitimization (Laundering) of Incomes Received by Illegal Means and Financing of Terrorism» dated May 13, 2020 was also adopted, which provides for easing financial restrictions on individuals who have served a criminal sentence under Article 174 of the Criminal Code and have positive feedback from law enforcement agencies.

6. Law of Kazakhstan «On the ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights, aimed at the abolition of the death penalty» dated 2.01.2021.

Kazakhstan joined this international legal document on September 24, 2020 after Kairat Umarov, the Permanent Representative of Kazakhstan to the UN, signed it at the United Nations headquarters. In this regard, Kazakhstan has officially abolished the death penalty as a measure of criminal punishment. Prior to that, since 2003, there was a moratorium on its application. At the same time, Kazakhstan has retained the right to use the death penalty in wartime against persons found guilty of committing especially grave crimes of a military nature [6].

To conclude the issue of abolishing the death penalty in accordance with the specified law, it is necessary to introduce certain amendments to the Criminal Code of Kazakhstan. The corresponding legislation was developed by the General Prosecutor's Office of Kazakhstan and is currently undergoing legal, economic, linguistic and anticorruption expertise. After that, it will be sent for final approval to the government, and then to parliament [7].

Ultimately, the first package of 7 political initiatives of the President of Kazakhstan Kassym-Jomart Tokayev has been implemented, which demonstrates the consistency and continuity of his stated agenda for new transformations in various spheres of the life of Kazakhstan's society and the state.


2. Second package of reforms


The second package of 7 political initiatives was announced by the President of Kazakhstan on September 1, 2020 in his Address to the people of Kazakhstan «Kazakhstan in a new reality: time for action.» By this time, thanks to the adoption of a large package of anti-crisis measures, it was possible to relatively stabilize the situation in the economy and social sphere of the country in the context of a pandemic and prevent the negative consequences of the pandemic from turning into a political issue.

At the same time, the work of the National Council of Public Trust continued, including the holding of its third meeting on May 27, 2020, a series of meetings of the members of the NCPT with the Head of State and heads of a number of central state bodies, their participation in the working groups of the Mazhilis and the Senate to consider draft laws from the first package of reforms, etc. All this contributed to the formation of a good foundation to consider, develop and implement the next package of political transformations.

Kassym-Jomart Tokayev: «We have set a course for the establishment of a «Listening State». As I said, the essence of this approach is not simply the situational response of government agencies to the daily problems of the population. This is, first of all, a constant dialogue between the authorities and society. The National Council of Public trust gave a new impetus to the development of public dialogue. It justified its mission by institutionalizing the nationwide dialogue process in our country, which resulted in a package of political reforms ... This is only the beginning of our reforms in the political sphere, its modernization will continue. It is necessary to reform practically all the institutions of state power. The main goal of the reforms is to increase the efficiency of the functioning of the entire state. If we really want to improve the lives of our citizens, then we should involve them in the reform process. Our subsequent political reforms should be aimed at wider involvement of people in governing the country« (from the Address to the people of Kazakhstan «Kazakhstan in a new reality: time for action«, 09/01/2020)

The package of reforms under consideration consists of the following measures, which, to one degree or another, are already being implemented:

1.Conducting direct elections of akims of villages and small towns in 2021. To ensure the implementation of this measure, the Constitutional Law of Kazakhstan «On Amendments and Additions to the Constitutional Law of Kazakhstan «On Elections in Kazakhstan» dated May 25, 2020 and the Law of Kazakhstan «On Amendments and Additions to Certain Legislative Acts Kazakhstan on Issues elections «dated May 25, 2020.

The main points of these laws are:

· introduction of elections of akims of cities with district status, villages, small towns and rural districts, elected directly by citizens from among the residents of these administrative-territorial units (ATU);

· granting the right to nominate candidates for akims of the respective category:

- to political parties from among their members, which can help them to enhance their activities in the regions and especially in rural areas;

- to citizens by self-nomination, subject to the subsequent support of at least 1% of the total number of voters in the respective constituency who have the right to vote. It seems that this procedure will allow mainly local residents, who know the situation in the relevant ATU and are able to offer optimal measures to improve it, to run for the posts of akims of cities of district status and rural villages. Whereas interested nonresident citizens risk in this case not receiving the necessary support from voters;

- to the akims of the respective districts and cities of regional significance in the event that less than two candidates are nominated on the day of the end of this procedure. This measure is intended to ensure that these elections are competitive. These akims can nominate one or two candidates in agreement with the assembly of the local community [8];

· election of akims of the respective category for 4 years with the right to run for two consecutive terms;

· Granting to the relevant maslikhats the right to express no confidence in the akims of the respective category on the basis of the initiation by the meetings of local communities of issues on their dismissal. This measure is designed to help strengthen control over the activities of these akims by maslikhats and the population of ATUs entrusted to them;

· early termination of powers of akims of the respective category in case of termination of their membership in a political party from which they ran for office (except for cases of reorganization and liquidation of the relevant party) [9]. On the one hand, this measure is intended to help strengthen the ties between these officials and the party that nominated them. On the other hand, it will, to one degree or another, contribute to the responsibility of the party for the activities of these akims.

The practical implementation of this initiative of the Head of State will begin in the second half of 2021 through elections of 836 out of 2,345 akims of cities of regional significance and rural villages. Direct election of the remaining 1,509 akims of this category will take place in 2022-2025 due to different terms of completion of their powers (these akims were elected by maslikhats of districts and cities of regional significance from 2013 for 4 years, but due to various circumstances, the powers of many of them were terminated ahead of schedule). At the same time, about 17.6 billion tenge will be allocated from the state budget to hold elections of akims of the respective category, including 4.8 billion tenge this year [10].

2.Development of a new Concept for the development of local self-government in Kazakhstan and the adoption on its basis of a package of relevant laws.

In pursuance of this instruction of the Head of State, the Ministry of National Economy of Kazakhstan has developed and presented to the general public on the Internet portal «Open legal acts» a draft Concept for the development of local selfgovernment in Kazakhstan until 2030. The highlights of this document are:

· implementation of the concept in two stages - in 2021-2024 and 2025-2030;

· focus on the delineation of powers and areas of responsibility of local government and self-government, including through the adoption of the law «On local self-government in Kazakhstan»;

· establishment of elected collegial bodies of local self-government (kenes) in cities of district status and rural villages, on the basis of assemblies of local communities;

· expanding the powers of local community gatherings (the akim's approval of the development plan for this community, the initiation of the issue of termination of the akim's powers before the maslikhat, etc.);

· Adoption of a set of measures to develop the financial and economic foundations of local self-government (transfer of revenues from the use of land plots, water resources and communal property to the local budget, improving the system of transfers between budgets of different levels, etc.).

· introduction in the capital of the country, cities of state and regional significance of the «Budget of People's Participation», which implies the initiation of socially significant projects by their residents;

· Strengthening maslikhats at all levels, including granting their members the right to draw up petitions (through signatures) to address issues of local or regional significance [11].

It is expected that with the adoption and implementation of this concept, a qualitatively new system of local self-government will be created in the medium term with elected executive and representative (collegial) bodies and their own budget in cities of district status, small towns, villages and rural districts. This will expand the opportunities for interested citizens to participate in the management of local affairs.

At the same time, certain issues require elaboration. For example, the uncertainty of the format of relations between akims of different levels elected in the future, and akims of the corresponding regions of the country. In addition, the draft concept does not include measures to improve the activities in the capital, cities of state and regional significance of territorial councils of local self-government, created in accordance with Article 39-7 of the Law of Kazakhstan «On local public administration and self-government in Kazakhstan» dated January 23, 2021.

3.Development and adoption of the law «On public control in Kazakhstan», designed to ensure openness and accountability to society of state bodies and the quasipublic sector.

This draft law was developed by the Ministry of Information and Social Development of Kazakhstan with its presentation to the general public on the Internet portal «Open legal acts» and a series of discussions in different formats. According to the Minister of Information and Social Development Aida Balaeva, in particular it involves the implementation of public control based on such principles as the priority of human and citizen rights, publicity, openness, legality, objectivity, reliability of results, inadmissibility of obstructing the implementation of public control, etc. [12].

The main goal of the future law is to create legal conditions for strengthening the function of public control over the activities of state bodies and organizations of the quasipublic sector in order to increase their openness and efficiency. Citizens and non-profit organizations (except for corporate foundations and religious associations) of Kazakhstan will be able to act as key subjects of public control.

The main forms of public control will be public discussions, public expertise and public monitoring. Moreover, this control can be carried out simultaneously in several forms. Based on the results of control activities carried out by individuals or legal entities, it is planned to develop recommendations that are mandatory for consideration and decision-making by the relevant state or quasi-state structures. The latter, in turn, are obliged, in particular, to provide those involved in public control with access to the territory and premises they occupy and to information about their activities that is not of a secret nature. [13].

3.Creation of a single legitimate institution of online petitions for citizens to initiate reforms and proposals.

Back in October 2020, Minister of Digital Development, Innovation and Aerospace Industry Bagdat Musin announced that online petitions are supposed to be launched as a civil initiative with the involvement of interested commercial and non-profit structures [14]. This solution seems optimal, since it implies mechanisms, independent of the state and its bodies, which interested citizens and legal entities can use for certain issues, as well as the absence of the need to spend budget funds.

One of the first to take such an initiative was the TALAP Center for Applied Research, whose head, Rakhim Oshakbayev, is a member of the National Council of Public Trust. This organization launched a pilot online petition site - www.otinish.kz. It was used, in particular, by some small and medium-sized businesses, who turned to the President of Kazakhstan with a request to help reduce the interest rate on loans [15].

The Ministry of Information and Social Development of Kazakhstan is also involved in the implementation of the institute of online petitions, which has also developed relevant provisions of the draft Law of Kazakhstan «On Amendments and Additions to Certain Legislative Acts on Public Control» (a companion bill to the draft Law of Kazakhstan «On public control»). This draft law also passed public discussions at various platforms with the participation of representatives of civil society and experts [16].

5. Adoption of new measures to protect human rights, including measures to protect children from cyberbullying and adherence to the Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure.

It should be noted that bullying is an aggressive persecution of one of the members of a group, usually by a group of people through intimidation, harassment, beatings, etc. This phenomenon is especially common in schools. In Kazakhstan, according to the National Center for Public Health, every fifth Kazakhstani teenager from 11 to 15 years old is a victim or participant of bullying [17]. Cyberbullying is a form of cyberbullying that uses digital technologies on social networks, mobile phones, messaging apps and gaming platforms. Both types of bullying can have negative consequences for children, including suicide, withdrawal, emotional and mental health problems, sleep disturbances, headaches, and more.

At the initiative of individual members of the Mazhilis, it is proposed to legislatively clarify both concepts - «bullying» and «cyberbullying», as well as provide the Ministry of Education and Science of Kazakhstan with the necessary powers to prevent and counteract them, including the development of appropriate programs and uniform national standards. For this, it is planned to prepare and amend the laws «On Education» and «On the Rights of the Child in Kazakhstan» [18].

Kazakhstan joined the Convention on the Rights of the Child, adopted by the UN General Assembly on November 20, 1989, on June 8, 1994. Then, in 2001, the state ratified two optional protocols to this convention concerning the sale of children, child prostitution and child pornography and the participation of children in armed conflicts. The Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure (3rd Optional Protocol to the CRC) allows children to seek protection at the international level if the violation of their rights cannot be resolved at the level of their country of residence.

6. Improvement of national legislation to combat torture and bringing it in line with the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

It should be noted that Kazakhstan joined the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, adopted by the UN General Assembly on December 10, 1984, on June 29, 1998. The National Preventive Mechanism against Torture (NPM) has been operating in the country since 2013. Its activities are coordinated by the Commissioner for Human Rights in Kazakhstan, and jointly carried out with representatives of interested civil society institutions.

Despite all this, the use of various types of torture, primarily in the course of the work of law enforcement agencies and the penal system, continues to take place. Thus, as of August 2020, the Human Rights Ombudsman of Kazakhstan Elvira Azimova received 97 complaints of torture and ill-treatment of people in the penitentiary system and other special institutions that provide temporary isolation from society. Meanwhile, in 2019 there were 83 similar requests for the entire reporting period [19].

In this regard, the Commissioner for Human Rights has proposed measures including:

· development and adoption of a separate law on the National Preventive Mechanism for the Prevention of Torture (currently, there are disjointed mentions of the NPM in various laws and codes);

· transferring the functions of forming the NPM budget to the disposal of the NPM Coordinating Council in order to strengthen its independence;

· granting the Ombudsman, the authority to coordinate and provide organizational and technical support for the NPM activities [20].

7. Improvement by law enforcement agencies of the practice of pre-trial investigation of criminal offenses related to human trafficking.

In pursuance of the relevant order of the Head of State, on February 24, 2021, the Action Plan of the Government of Kazakhstan for the prevention and combating of crimes related to human trafficking for 2021-2023 was approved. This document contains 41 steps, including:

· making proposals for the development of the draft Law of Kazakhstan «On combating human trafficking in Kazakhstan»;

· increasing funding and resources for divisions of authorized bodies to combat human trafficking;

· analyzing the effectiveness of compensation for damage and compensation to victims of human trafficking from the Fund for Compensation for Victims of Crimes of Human Trafficking;

· study of the issue of providing special social services to victims of human trafficking from among foreigners temporarily staying in the territory of Kazakhstan;

· participation in meetings of the CIS bodies in order to exchange experience in conducting complex joint and / or coordinated interdepartmental preventive and operational-search measures to combat human trafficking and illegal migration [21].

Responsibilities for monitoring the implementation of this plan and submitting relevant summary information to the government on an annual basis are assigned to the Ministry of Labour and Social Protection of the Population and the Ministry of Internal Affairs. In addition, the akims of the regions, the cities of Nur-Sultan, Almaty and Shymkent are instructed to develop and approve similar regional plans.

Ultimately, most of the mentioned political initiatives of the Head of State, which form part of the second package of reforms, are at one stage or another of their legislative support.


3.Third package of reforms


The political initiatives of the Head of State, constituting the third package of reforms, were announced by him on January 15, 2021 during his speech at the opening of the first session of the Parliament of Kazakhstan of the VII convocation.

It is important to note that following the results of the last parliamentary elections, 9 members of the National Council of Public Trust, represented in the parliamentary factions of the Nur Otan, Ak Zhol and PPK parties, became members of the Mazhilis of the 7th convocation. Their participation in the work of the legislative body increases the opportunities for a better discussion and implementation of the proposals of the NCPT in the main areas of its activities.

Kassym-Jomart Tokayev: «One of the main reforms in Kazakhstan is political modernization. The main principle of this modernization is to implement all changes in an evolutionary way, relying on a nationwide dialogue and agreement. The first part of last year's political reforms provided new opportunities for parties and gave impetus to the country's democratic development. Recent elections had a positive impact on the increase in political competition ... But we should not stop here. A new impetus is needed to increase the influence of citizens on strengthening the political system, on the decision-making process. A lot of work will be done in this direction during the development of the second part of the reforms. They take into account the proposals of all parties, including those political forces that did not enter parliament yesterday, and they will also be taken into account in the future. The ideas, initiatives of members of the National Council and other authoritative specialists and active citizens were also taken into account» (from the speech at the opening of the first session of Parliament of the VII convocation, January 15, 2021)

The third package of reforms includes the following 9 measures, for the implementation of which certain steps have already been taken:

1. Reducing the threshold from 7% to 5% for political parties to enter the Mazhilis.

2. Introduction of the option «Against all» on the ballots for elections at all levels.

Both these measures have already been reflected in the Constitutional Law of Kazakhstan «On Amendments and Additions to the Constitutional Law of Kazakhstan «On Elections in Kazakhstan«, which entered into force on May 25, 2020. The first of them increases the opportunity for political parties to be represented in the Mazhilis and maslikhats of different levels based on the results of future parliamentary and local elections, if they receive the necessary number of votes.

As for the inclusion of the option «Against all» on the ballots, this expands the freedom of choice of citizens in the electoral process and may have a positive effect on the turnout in certain elections in the future. It should also be noted that various public associations and individual civil activists, including independent observers, called upon the leadership of the country to take this decision. Moreover, the effectiveness of this measure will manifest itself this year following the election of rural akims.

3.Introduction of electiveness of district akims.

In his speech to members of Parliament, the President of Kazakhstan said: «We intend to strengthen the system of local self-government, starting from the very bottom. This is a very important issue. Therefore, after the upcoming elections of rural akims, we can proceed to the elections of regional akims» [22]. At the fifth meeting of the NCPT, held on February 25, 2021, he spoke in favor of holding these elections in 2024.

These directives of the Head of State were reflected in the draft Concept for the Development of Local Self-Government in Kazakhstan until 2030. Moreover, in addition to district akims, the document also provides for the direct election by local residents of akims of cities of regional significance, which are not regional centers. All this demonstrates the readiness of the country's leadership to expand citizens' participation in the process of managing the affairs of society and the state, as well as to increase the degree of responsibility of akims of different levels to the population of the administrative-territorial divisions entrusted to them.

4. Adoption of a separate law on the Commissioner for Human Rights (Ombudsman), defining its status, powers and streamlining its activities in various areas and sectors.

5. Strengthening the Office of the Commissioner for Human Rights, including the creation of its regional offices.

It should be noted that the activities of the Commissioner for Human Rights are governed by the regulation approved by the Decree of the President of Kazakhstan dated September 19, 2002 «On the establishment of the position of the Commissioner for Human Rights.« In the opinion of Elvira Azimova, currently holding this position, the development and adoption of the law «On the Ombudsman« will provide certain legislative conditions both for expanding the status and powers of the position, and for appealing by interested citizens to the Ombudsman. The creation of regional offices of the Ombudsman will facilitate prompt response and action on individual situations related to specific violations of human rights.

In this regard, it is important, on the basis of the best foreign experience, to develop a law that meets the interests of the population, and will make it possible to create a mechanism independent of the state executive power, which will be aimed at protecting human rights, namely, to preventively resolve situations associated with certain actions of state bodies and officials. [23].

Currently, members of Parliament of Kazakhstan have developed a draft law «On the Ombudsman« and an accompanying draft law on amendments to the legislation aimed at strengthening the status of the Ombudsman. They were presented by parliamentarians at a meeting of the Expert Council under the Ombudsman, held on May 19, 2021. A public discussion of the basic draft law is planned at the regional level, and a number of round-tables will be held with the participation of a wide range of nongovernmental organizations, international and national experts, scientists, practicing barristers and lawyers. Furthermore, the Commissioner for Human Rights has reached an agreement with UNDP, OSCE and UNHCHR to support these meetings and obtain expert opinions [24].

6. Introduction of the «Youth Development Index«, which can form the basis for assessing the activities of local executive bodies in the implementation of youth policy.

The Global Youth Development Index was developed to cover 170 countries around the world and has been published under the auspices of the United Nations since September 2013. It includes the following 5 criteria - education, health and well-being, employment, political participation and civic participation. In turn, these criteria consist of 15 indicators. When calculating the index, data from national statistical agencies and the UN and World Bank databases are used [25].

The development and implementation of its own Youth Development Index in Kazakhstan was considered in March and April of this year within the framework of the strategic sessions on youth and family policy held by the Ministry of Information and Social Development of Kazakhstan and the meeting of the Coordination Council for the development of youth organizations, respectively.

This year, it is planned to improve the regulatory framework of the state youth policy, which provides for 46 amendments to 4 legislative acts. According to the director of the Research Center «Youth« Ayan Sakoshev, within the framework of the relevant legislation it is proposed to further define the concept of «Youth Development Index«. The latter will be presented as a comprehensive indicator of the effectiveness of the activities of local executive bodies in terms of the implementation of state youth policy, including key indicators for the following sectors: education, health and well-being, employment and opportunities, political participation, civic participation, leisure and access to infrastructure, security [26].

7. Further improvement of the public control system.

8. Legislating the institution of online petitions.

9. Expansion of measures to promote charitable activities, including the provision of tax and other benefits to enterprises and individuals participating in charitable events and volunteer projects.

The last three of the above-mentioned initiatives of the Head of State are designed to help expand the conditions and opportunities for interested citizens and civil society institutions to participate in the public life of the country and constructively interact with the state and its bodies.


4.Measures in the field of human rights


The Head of State periodically focuses on human rights issues, alongside measures of a political, social and other nature. In particular, following the results of the first two meetings of the National Council of Public Trust held in 2019, the following measures were adopted:

1. The Law of the Republic of Kazakhstan «On Amendments and Additions to Certain Legislative Acts of Kazakhstan on Counteraction of Legitimization (Laundering) of Incomes Received by Illegal Means, and Financing of Terrorism« dated 13.05.2020. It provides for the easing of financial restrictions on persons who have served a sentence under article 174 of the Criminal Code of Kazakhstan, and who have received positive feedback from law enforcement and special bodies.

2. The Law of the Republic of Kazakhstan «On Amendments and Additions to Certain Legislative Acts of Kazakhstan on Road Traffic« dated 1.02.2021. It exempts vehicle drivers, who are citizens of Kazakhstan, from the need to have on them a driver's license, registration certificate, insurance and a technical inspection document. According to the Minister of Internal Affairs of Kazakhstan Yerlan Turgumbayev, the exclusion of the obligation of drivers to carry and present these documents is one of the steps towards the development of a modern technological «service« police [30].

Furthermore, in his State of the Nation Address «Kazakhstan in a new reality: time for action«, delivered on September 1, 2020, the Head of State announced the following measures to be developed and subsequently implemented:

1. From 2021, legislative imposition on prosecutors of the obligation to agree on key procedural decisions in criminal cases affecting human rights and freedoms.

2. Development of new concepts of «administrative« and «criminal« offenses, allowing citizens and the legal community to understand the logic of establishing penalties for committing these offenses.

3. The introduction of continuous video surveillance in penitentiary institutions and police offices.

To implement this instruction of the Head of State, a plan of specific actions for the introduction of continuous video surveillance in penitentiary institutions and police offices, as well as in all operational and investigative divisions of law enforcement agencies, was developed and approved by the Ministry of Internal Affairs of Kazakhstan by order No. 233 of April 20, 2021.

4. Reorientation of the supervision of the prosecutor's office to effectively address the problems faced by citizens and businesses.

5. Legislative protection of businesses from excessive interference by law enforcement agencies, including a revision of the current grounds for bringing entrepreneurs to criminal liability for tax violations, as well as execution of any investigative actions in relation to these violations only with the approval of a court or prosecutor.

6. Ensuring the adversarial nature of the trial and the equality of the lawyer and the prosecutor, as well as the independence of judges from the prosecution.

7. Formation at the legislative level of a system of protection of citizens who reported corruption [30].

Kassym-Jomart Tokayev: «The criminal justice sphere should be modernized following the example of the developed OECD countries. We need a model that ensures timely protection of citizens' rights and meets high international standards. I consider it necessary to introduce in Kazakhstan a three-tier model with a clear division of powers. The police must identify crimes, identify those involved, and collect and consolidate evidence. The prosecutor is obliged to give an independent assessment of the evidence collected, stop any violations of the rights of citizens, prevent the involvement of conscientious citizens in the criminal process and to support the prosecution in court. The court will consider complaints against the actions of the authorities and issue a final verdict on cases. This approach will strengthen the system of checks and balances, and create effective filters at every stage. I emphasize again: legality and fairness must be ensured by default. It must be remembered that the fate of people depends on mistakes in criminal cases.» (from the State of the Nation Address «Kazakhstan in a new reality: time for action«, 09/01/2020)

The next block of human rights measures was announced by Kassym-Jomart Tokayev during the fifth meeting of the National Council of Public Trust, which took place on February 25 this year. These are:

1. Development on the basis of international standards and stage-by-stage implementation of the National Indicators for assessing the observance of human rights in Kazakhstan.

2. Protection of the rights and health of children from «social diseases«, including the introduction of administrative liability of legal entities, up to the suspension of their license, for the involvement or admission of minors to gambling.

3. Reinstatement in the structure of the Ministry of Internal Affairs of a special unit for the protection of women and children from violence. By order of the Ministry of Internal Affairs of Kazakhstan No. 64 of 03/19/2021, the number of personnel at the unit for the protection of women from violence was increased to 248 (up by by 129) and for the protection of children - 1,150 personnel (increased by 448).

4. Introduction of female investigators of violent crimes committed against women and children, in order to prevent bias and tactless attitude towards victims.

In pursuance of this order of the Head of State, the Ministry of Internal Affairs of Kazakhstan:

· signed order No. 198 of April 7, 2021 «On the creation of permanent investigative and operational groups (PIOG) for solving and investigating criminal offenses against the sexual inviolability of women and minors«;

· established rules on the creation of the above-mentioned PIOG, which define the organizational foundations of their activities, including requirements for the exclusive investigation of criminal cases of the corresponding category by female investigators;

· Created PIOG data in all territorial police departments.

5. Exclusion from the legislation on the activities of lawyers of the provision on lifelong withdrawal of licenses for lawyers for misconduct related to non-compliance with professional ethics and principles of legal assistance [31].

Finally, the Plan of Priority Measures in the Field of Human Rights, approved by the government as per the Decree of the President of Kazakhstan «On further measures of Kazakhstan in the field of human rights« dated June 9, 2021, provides for the adoption of 26 measures in the following directions.

1. Improvement of mechanisms of interaction with UN treaty bodies and special procedures of the UN Human Rights Council.

2. Ensuring the rights of victims of human trafficking.

3. Human rights for citizens with disabilities, including the completion of the ratification procedure for the Optional Protocol to the Convention on the Rights of Persons with Disabilities.

4. Elimination of discrimination against women. Thus, within the framework of the draft Law of Kazakhstan «On Amendments and Additions to Certain Legislative Acts of Kazakhstan on Social Protection of Certain Categories of Citizens«, the list of jobs where the employment of women is restricted will be excluded.

5. The right to freedom of association. In particular, it is envisaged to amend the legislation in terms of interaction between public associations and state bodies on tax reporting issues, as well as simplify the procedure for registering religious associations and create favorable conditions for interfaith engagement;

6. The right to freedom of expression. This measure involves the consideration of the issue of decriminalization of Article 131 of the Criminal Code of Kazakhstan «Insult« with the study of law enforcement practice and international experience and a broad discussion with the public and scientific community.

7. Human right to life and public order. This involves the introduction of individual elements of the service model of the work of the police, as well as the establishing of precinct points and police booths, as per the introduction of the principle of «police within walking distance«;

8. Increasing the efficiency of interaction with non-governmental organizations by transforming the mechanism of funding their activities through grants as per the expansion of support for civic initiatives;

9. Human rights in the field of criminal justice, enforcement and prevention of torture and ill-treatment, including:

· granting a deferred sentence in case of a serious illness of the convicted person;

· ensuring the separation of previously convicted persons from those convicted for the first time by abolishing emergency security institutions;

· gradual transfer of the functions of medical support for convicted persons and those under investigation from the Ministry of Internal Affairs to the Ministry of Health of Kazakhstan;

· amendments to the legislation providing for the expansion of conditions for employment and social adaptation of convicts;

· development of a centralized automated database of the penal system [32].

Overall, the above human rights measures are also consistent with the concept of the «Listening State», formulated and promoted by Kassym-Jomart Tokayev in terms of timely and adequate response of the state and, above all, law enforcement agencies to all kinds of violations of the rights and legitimate interests of Kazakhs. The key point is that the state has took on maximum responsibility for guaranteeing the safety of its citizens as a key condition for the observance of their rights and freedoms.


5. Main results and further prospects


It is clear that the political initiatives of President Tokayev, which constituted the three reform packages presented by him in 2019-2021, are characterized by the following key points.

Firstly, the scale, reflecting the relevance and significance of political and other transformations in the interests of the country's further development, ensuring the sustainability of the state and strengthening social harmony through a constant dialogue between the authorities and society. The decisions on the abolition of the death penalty, the reduction of the electoral threshold for political parties from 7% to 5% and the introduction of direct election of akims of the rural, city and district levels are especially indicative in this regard.

Secondly, consistency and continuity. It is significant in this respect that the reforms of all three packages have been outlined and are being implemented, despite the critical processes in Kazakhstan due to the COVID-19 pandemic.

Thirdly, the phasing approach, which is reflected in the time parameters of announcing and implementation of relevant initiatives.

Fourth, the complementarity of individual initiatives. In particular, this is manifested in the framework of improving the legislation on elections, political parties, local government and self-government, as well as measures to protect human rights and freedoms, the development of public control and the institution of online petitions.

Fifth, by involving in the development and discussion of draft concepts, laws and bylaws, developed and adopted in the interests of implementing the initiatives under consideration by the Head of State, interested representatives of political parties, nongovernmental organizations, the expert community, and individual civil activists. In addition, members of the National Council of Public Trust under the President of Kazakhstan are showing maximum activity. All this contributes to an increase in the quality and level of legitimacy of the relevant official documents.

Sixth, openness, which is expressed in presenting relevant draft concepts, laws and bylaws to the general public through publication on the online portal «Open legal acts«, as well as on the official websites of the Mazhilis and the Senate and specialized central state bodies. In turn, this is one of the key directions for the implementation of the «Listening State« concept, also formulated by Kassym-Jomart Tokayev.

Currently, 10 laws are already in force, creating legal conditions for the implementation of 10 political initiatives of the President of Kazakhstan. The rest of the initiatives, covering the second and third packages of reforms, are being worked on by authorized government agencies in cooperation with interested representatives of the public and experts on the development of relevant draft official documents.

As Kassym-Jomart Tokayev noted in his program article « Independence — A Most Precious Thing«, published in state publications on January 5, 2021, «There is a growing demand in society for more active participation in the life of the country and the decisionmaking process. My concept of a «listening state» and the initiative to create the National Council of Public Trust are a direct response to this. It continues the tradition of great gatherings in Ordabasy, Kultobe, and Ulytau. These initiatives will form the basis for the further development of civil society. We are dealing with these issues systematically. This is the result of a policy aimed at democratizing the country, and modernizing the political system» [27].

With this statement, the Head of State makes it clear that the process of reforming the political system of Kazakhstan continues. In this regard, we should expect the announcement and implementation of new political initiatives within the framework of the next reform packages in the foreseeable future.


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